HC Deb 29 April 1936 vol 311 c899
55. Mr. M. SAMUEL

asked the Minister of Transport whether, in respect of the death of James McGregor who, while riding a bicycle in Wandsworth, suffered a fatal accident occasioned by the neglect of the responsible authority to keep its roadway and the tramway tracks thereon in repair, he will consider the anomaly at present arising from the distinction at law between the liability of local authorities for nonfeasance and for misfeasance; and whether he will introduce legislation to remove this anomaly by providing that local authorities shall be responsible for damage resulting from their omission or neglect to maintain roadways in a safe and proper condition?

Mr. HORE-BELISHA

As I am unable to confirm the circumstances of the unfortunate accident to which my hon. Friend refers, and as he raises legal issues extending far beyond the scope of any responsibilities of my Department, I would be reluctant to express an opinion in reply to a question on this matter.